After hearing the testimony at the trial and reviewing all documentary evidence produced by the parties at the trial, based on the applicable laws governing this action, and following the reasoning behind various New York cases considering similar issues, it is ordered that the claimants recover from the defendant the sum of $1,300, representing the balance of the security deposit owed by the defendant to the claimants, without costs, and it is further ordered that judgment shall issue for the claimants against the defendant in the amount of $1,300.
Footnotes
Footnote 1:The defendant claimed that Mr. Camacho's son moved in with the claimants in March 2017 and that Mr. Camacho moved to Pennsylvania earlier in February 2018, leaving Mrs. Camacho and Mr. Camacho's son in the apartment, but those issues are not relevant.
Footnote 2:Since the lease was for a definite term, neither party had to give the other party notice of the termination of the tenancy. (Real Property Law § 232-b.)
Footnote 3:Mrs. Camacho testified briefly and credibly at the trial, but it was apparent she spoke very little English.
Footnote 4:Defendant did not file a counterclaim. Furthermore, the defendant's calculations on exhibit B are incorrect. On exhibit B, the defendant claims he spent $575 to clean the apartment and lost $600 in rent until March 15, 2018; that totals $1,175. Even if that were correct, since the security deposit was $1,800.00, and since he already gave Mrs. Camacho $500, he would still owe the claimants $125 because he would not be entitled to be reimbursed for the $500 he previously gave Mrs. Camacho.
Footnote 5:This assumes, of course, that the tenant has stayed until the end of the agreed-upon term and no rent is due to the landlord.